23.09.2022

PENALTIES FOR LATE WORK

In Art. 187 of the Labor Code (LC) stipulates that violations of labor discipline are:

1. being late, leaving work prematurely, not showing up for work or not compacting working hours;
2. the employee's or employee's appearance at work in a condition that does not allow him to perform his assigned tasks;
3. non-fulfillment of the assigned work, non-compliance with technical and technological rules;
4. producing low-quality products;
5. non-compliance with the rules for health and safety at work;
6. failure to comply with the legal orders of the employer;
7. abuse of trust and damage to the good name of the enterprise, as well as dissemination of confidential information about it;
8. damage to the employer's property and waste of materials, raw materials, energy and other means;
9. non-fulfillment of other labor obligations provided for in laws and other normative acts, in the rules for the internal labor regulations, in the collective labor agreement or determined at the origin of the employment relationship.

According to Art. 188 of the LC, disciplinary punishments are reprimand, warning for dismissal and dismissal. According to Art. 189, para. 1 of the LC, when determining the disciplinary penalty, the employer should take into account the severity of the violation, the circumstances in which it was committed, as well as the behavior of the worker or employee. Before imposing the disciplinary penalty, the employer is obliged to listen to the worker or employee or to accept his written explanations and to collect and evaluate the indicated evidence (Article 193, Paragraph 1 of the LC). When the employer has not previously heard the worker or employee or has not accepted his written explanations, the court cancels the disciplinary penalty without examining the dispute on its merits - para. 2 of Art. 193 of the LC. In para. 3 of Art. 193 of the LC states that the provisions of the previous paragraph do not apply when the worker's or employee's explanations were not heard or were given due to his fault.

Disciplinary punishment is considered imposed from the day the order is delivered to the worker or employee or from the day it is received, when it is sent by registered letter with return receipt.